Prosecuting International Crimes in Africa - PULP - University of ...

Prosecuting international crimes by the LRA in Uganda 209
individuals who are alleged to have committed serious crimes. 78 The
Annexure also makes provision for the establishment of a special unit in
the office of the Director of Public Prosecutions (DPP) for the purposes of
carrying out investigations and supporting prosecution of crimes as
agreed. 79
Unfortunately, the final peace accord was not signed. Kony did not
turn up on two of the occasions set for the act of signing. It is believed that
Kony is now operating between the DRC and the Central African
Republic. Calm has returned to Northern Uganda. Government,
development partners and Civil Society Organisations are in the process of
rehabilitating the region and re-settling IDPs.
As one would have expected, the Agreement on Accountability and
Reconciliation stirred controversy. Some quarters criticised the Agreement
and the Annexure as failing to decisively combat impunity. One of the
leading critiques in this regard came from Amnesty International, which
pointed to the fact that the Agreement and Annexure fell short of a
comprehensive plan to end impunity. 80 In the first place, Amnesty
International read the drafts as working toward ensuring that the LRA
leaders charged before the ICC are not arrested and surrendered to the
ICC. 81 It was argued that the proposed War Crimes Division of the High
Court could not be used to render inadmissible the LRA case before the
ICC. 82 According to Amnesty International, the viability of the War
Crimes Division to effectively try the LRA would have to be examined
against the background of the efficiency of the entire criminal justice
system. Specific focus was put on the efficacy of the criminal justice
system, quoting a report from the United Nations Office of the High
Commissioner for Human Rights: 83
Administration of justice structures and institutions are weak and virtually
nonexistent in the rural areas. They are often not perceived as impartial and
their accessibility is limited, for both logistical and economic reasons. The
process of taking cases to the formal justice system is cumbersome and
expensive, not least because of the significant lack of judicial personnel in
northern and north-east Uganda. Corrupt practices reportedly discourage
victims from seeking a legal remedy. There is a general lack of confidence
within the justice system due to delays in judicial proceedings, disregard of
victims’ rights, a high number of dismissals in court and a lack of free legal
assistance.
78 Para 7.
79
Para 10.
80 Amnesty International Uganda: Agreement and Annex on Accountability and Reconciliation
falls short of a comprehensive plan to end impunity (March 2008) Al Index: AFR 59/001/
2008.
81 As above, 6.
82 As above, 9.
83
Report on the Work of the Office of the High Commissioner for Human Rights in
Uganda, UN Doc A/HRC/4/49/Add2, 12 February 2007 para 31.